Srini Vasan 12 May 2025
Hi All, Ours is a 27 year old 40 apartment complex in Chennai and our association has been charging a fixed equal maintenance charges . However this year in our AGM a section of owners insisted that we should be charged based on Sq. feet (UDS / Carpet Area) as per new ACT 2022.
Is this correct ? is it illegal to charge flat maintenance fee
T. Kalaiselvan, Advocate (Advocate) 12 May 2025
The Tamil Nadu Apartment Ownership Act, 1994, is the primary law governing apartment maintenance charges in Chennai. It mandates that maintenance charges should be assessed based on the undivided share of each apartment owner in the land. The 2022 Amendment Act provides for penal interest for late payments, a charge on the apartment for recovery of dues, and a grievance redressal mechanism.
Dr. J C Vashista (Advocate ) 13 May 2025
It is decision taken by majority of the Apartment Owners Association, which is applicable to all members and there is no legal infirminty on the subject.
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